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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 23rd day of November 2021, the Burnet County Commissioners Court met in regular session. The following members of the court were present:
Present:
County Judge James Oakley; Commissioner Precinct 1 Jim Luther, Jr.; Commissioner Precinct 2 Damon Beierle; Commissioner Precinct 3 Billy Wall; Commissioner Precinct 4 Joe Don Dockery
Attendees:
Stephanie McCormick, Comm. Court Coordinator; Janet Parker, County Clerk; Carole Poppema, Assistant County Auditor; Karin Smith, County Auditor
 
An agenda packet containing detailed information on the items listed below is distributed to the County Judge, Commissioners, and County Clerk the Friday preceding the meeting. The agenda packet is also posted on the county website at www.burnetcountytexas.org, under Public Meetings. A hard copy of the agenda packet is available in the County Clerk's office. Our Mission Statement: The mission of Burnet County is to maintain overall efficient and effective management of county resources while providing the services mandated by state and federal law and desired by the citizens of Burnet County.

REGULAR MEETING DATE: Tuesday, November 23, 2021 MEETING TIME: 9:00 a.m.
MEETING PLACE: 2nd Floor Courtroom located at 220 S. Pierce, Burnet, Texas

1. Call to Order

2. Invocation and Pledge of Allegiance to the flags.

3. Public Comments. Any person with business before the Commissioner’s Court not scheduled on the agenda may speak to the Court. No formal action can be taken on these items at this meeting. Comments regarding specific agenda items should occur when the item is called. There is a 2 minute speaking limit.

4. Discussion and/or action regarding the adoption of a resolution supporting the implementation of TxDOT highway safety improvements projects at the intersection of SH 71 and County Road 401 (Dockery)

5. Discussion and/or action regarding a presentation from the Highland Lakes Crisis Network (Oakley)

6. Discussion and/or action regarding potential findings and orders to be issued by the Burnet Commissioners Court regarding nuisances as defined by Texas Health & Safety Code Chapter 343 existing at 11615 CR 404, Spicewood, Texas which is within the confines of Burnet County (Arredondo/Dockery)

7. Discussion and/or action regarding adding Section 3.16 to the Personnel Policy to clarify procedure for pay rate changes other than at the beginning of a fiscal year (Oakley/S. Luther)

8. Discussion and/or action regarding the membership to American Public Works Association for the four precincts (Oakley)

9. Discussion and/or action regarding matters pertaining to the Tuesday, March 1, 2022 Democratic and Republican Primary Joint Election: (Oakley/Ferguson)
a. Approve contracts and Joint Agreement
b. Discussion of early voting locations

10. Discussion and/or action regarding the approval to hire Kailey Scott for the Family Community Health Agent, beginning December 15, 2021 (Oakley/Tarla)

11. Discussion and/or action regarding the CSCD Statement of Financial Position – FY21 per Local Govt. Code 140.004 (Oakley/Smith)

12. Discussion and/or action regarding the re-adoption of guidelines for outdoor burning (Oakley)

13. Discussion and/or action concerning the release of Cash Bond #CB-21-3-23-1 in the amount of $501,946.00 for Hurst Place, Phases 3 and 4 road and drainage improvements to be replaced by a performance bond of the same amount (Beierle)

14. Discussion and/or action concerning the final plat approval of Robison Ranch, a private subdivision consisting of 5 lots on 42.29 acres located at 515 CR 330A (Wall)

15. Discussion and/or action concerning any topics related to the COVID – 19 virus.

16. Executive Session. Discussion with Burnet County Commissioner’s Court and the County Civil Attorney(s) and/or the County Attorney in accordance with Texas Government Codes 551.071. The Commissioners Court reserves the right to adjourn into Executive Session at any time during the course of this meeting to discuss any matters as authorized by the Texas Government Code including, but not limited to, Sections: 551/071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices), 551.087 (Economic Development), 418.183 (Deliberations about Homeland Security Issues), 551.0725 (Contracts being negotiated).

17. Reconvene in Open Session.

18. Discussion and/or action regarding items discussed in Executive Session and take up for
Consideration and possible action, pursuant to Chapter 262, Texas Local Government Code.

19. Discussion and/or action regarding Department Updates: (Oakley)
a. Monthly Treasurer Report – October 2021

20. Acknowledgement of Receipt:

21. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
(Oakley)
  1. Interlocal Cooperation Contract with the City of Burnet for support of the Herman Brown Free Library
  2. Independent Contractor Agreement for Vetride: Phillip Pall
  3. Approve and sign the District Attorney Contracts concerning property and monies seizures with 33rd and 424th Judicial District Attorney, Coryell County District Attorney, Limestone County District Attorney, Lampasas County District Attorney, and McLennan County District Attorney for the FY 2022 Motor Vehicle Crime Prevention Authority Grant Program for the Heart of Texas Auto Theft Task Force for September 1, 2021 – August 31, 2022
  4. Contract with KC Engineering for topographical survey and replatting of a 4 acre tract owned by Burnet County
  5. Lease of a new Ricoh copier for the County Clerk’s office

22. Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings (Oakley)

23. The following items are part of the Consent Agenda and require no deliberation by the
Commissioner’s Court. Any item from this agenda may be considered separately:
  1. Consideration and approval of any pending personnel issues within the policy.
  2. Payroll approval/Personnel Action Form Approval
  3. Consideration and approval concerning budget amendments.
  4. Consideration and approval concerning budget line item transfers.
  5. Consideration and authorization of payment of claims previously approved by the County Auditor.
  6. Acceptance of reports of County Officials as required by LGC 115.02 previously examined by the County Auditor
  7. Consideration and approval regarding Departmental equipment requests and/or property transfers.
  8. Correspondence.
24. Discussion regarding any previous agenda items.

25. Calendar Review.

26. Adjournment.



James Oakley, Burnet County Judge


Reviewed by: Eddie Arredondo, County Attorney



The Commissioners' Court reserves the right to adjourn into Executive Session at any time during the course of this meeting to discuss any matters as authorized by the Texas Government Code including, but not limited to, Sections: 551.071 (Consultation with Attorney) 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations) (Deliberations about Security Devices), 551.087 (Economic Development), 418.183 (Deliberations about Homeland Security Issues). Compliance with the Americans with Disabilities Act, Burnet County will provide for reasonable accommodations for persons attending Commissioners' Court. To better serve you, requests should be received 24 hours prior to the meetings. Please contact Ms. Stephanie McCormick, Commissioners’ Court Coordinator, at (512) 715-5276. Please note, the location of the meeting is subject to change based upon availability of the Courtroom. If meeting location is changed, notice at the above meeting location shall be posted to ensure public access to meeting is granted.
 
Item #1:
Call to Order
Judge Oakley called the meeting to order at 9:00 a.m.
 
Item #2:
Invocation and Pledge of Allegiance to the Flags
Judge Oakley led the court in a moment of silence in remembrance of the tragedy and the lives lost at the Waukesha, Wisconsin  Christmas parade.  The court led the pledges to the United States and Texas flags. 
 
Item #3:
Comments
Comm. Dockery expressed support from our County family for Casie & Brett Walker during this time.  The Walker's home was destroyed by fire on November 20th. 
 
Item #10:
Family
Community
Health Agent
The court discussed approval to hire Kailey Scott for the Family Community Health Agent beginning December 15, 2021.  ????? and Kelly Tarla Extension Agent introduced Kailey Scott.  Ms. Scotts first day of work will be December 13, 2021.  
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to hire Kailey Scott as the Family Community Health Agent effective December 13, 2021.

Vote: 5 - 0 Passed - Unanimously

 
Item #5:
Highland Lakes
Crisis Network
The court heard a presentation from the Highland Lakes Crisis Network.  Kevin Naumann, Executive Director and board members stated  the Highland Lakes Crisis Network is a network of local churches meeting the physical, emotional and spiritual needs of our neighbors during times of crisis and disaster.Bob Rogers, Board member reported assisting with 680 cases of homes that were flooded in 2018 and now are assisting with the Covid crisis and been preparing and serving 150,000 hot meals for folks that are food challenged.  They also assisted residents during the February freeze. They are requesting the court consider passing a resolution Affirming a Community-Wide Trust Initiative.  The planning meeting for this initiative will be held  January 12, 2022.  A landing page can be found by visiting www.HLTrust.love

Judge Oakley stated this item will be placed on the next agenda for approval of the resolution.
 
Item #4:
Resolution
The court discussed adoption of a resolution supporting the implementation of TxDOT highway safety improvements projects at the intersection of SH 71 and County Road 401.  Comm. Dockery stated he has 15 pages of comments from the public on the needs for this improvement project.  Jim & Eva Klee, residents of Summitt Springs thanked the court for any improvements to the roadway.  Sidney Stiebel thanked the court for the improvements. 
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to adopt the resolution supporting the implementation of TxDOT highway safety improvements projects at the intersection of SH 71 and County Road 401.

Vote: 5 - 0 Passed - Unanimously

 
Item #9:
Joint
Primary Election
The court discussed matters pertaining to the Tuesday March 1, 2022 Democratic and Republican Primary Joint Election:
a.   Approve contracts and Joint Agreement
b.   Discussion of early voting locations

Doug Ferguson, Elections Administrator presented the Primary Joint Resolution and a 2022 Joint Primary Election Services Contract between Burnet County and the Democratic County Chair and a 2022 Joint Primary Election Services Contract between Burnet County and the Republican County Chair. Mr. Ferguson discussed early voting locations with the court. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the Primary Joint Resolution and the 2022 Joint Primary Election Services Contract with the Democratic County Chair and the Republican County Chair.

Vote: 5 - 0 Passed - Unanimously

 
Item #6:
Nuisance
The court discussed potential findings and orders to be issued by the Burnet Commissioners Court regarding nuisances as defined by Texas Health & Safety Code Chapter 343 existing at 11615 CR 404, Spicewood, Texas which is within the confines of Burnet County.

Eddie Arredondo, County Attorney stated the first step for the court is to make findings that issues exist and then notify the property owners.  Constable Missy Bindseil addressed the court concerning this nuisance.

The court made findings regarding the existence of the nuisances found at 11615 CR 404, Spicewood Texas.
 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to authorize the County Attorney to serve the individuals based on the findings provided to the court.

Vote: 5 - 0 Passed - Unanimously

 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to adopt the Order to Remove Public Nuisances and Authorization to Take Action Should Owners Fail to Alleviate Public Nuisances and Health Hazards.

Vote: 5 - 0 Passed - Unanimously

 
Item #7:
Personnel
Policy
The court discussed adding Section 3.16 to the Personnel Policy to clarify procedures for pay rate changes other than at the beginning of a fiscal year.  Sara Ann Luther, HR Director presented the following changes to the policy - Employee hourly pay rate changes made other than at the beginning of a fiscal year will become effective no earlier than the first pay period following the date that the Human Resources Department receives the Personnel Action Form authorizing the change.  Retroactive pay changes are not allowed. 
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve adding Section 3.16 to the Personnel Policy to clarify procedure for pay rate changes other than at the beginning of a fiscal year.

Vote: 5 - 0 Passed - Unanimously

 
Item #19
Department
Updates
Sara Ann Luther, Human Resources Director updated the court from the Human Resources Department.  

Karrie Crownover, Treasurer presented the monthly Treasurer Report for October 2021.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the monthly Treasurer Report for October 2021.

Vote: 5 - 0 Passed - Unanimously

 
Item #13:
Cash Bond
Hurst Place
The court discussed the release of Cash Bond #CB-21-2-21-1 in the amount of $501,946.00 for Hurst Place, Phase 3 and 4 road and drainage improvements to be replaced by a performance bond of the same amount.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to release Cash Bond #CB-21-3-23-1 in the amount of $501,946.00 for Hurst Place, Phases 3 and 4 and drainage improvements to be replaced by a performance bond of the same amount.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #14:
Final Plat -
Robison Ranch
The court took no action on this agenda item.
 
Item #8:
American
Public Works
Association
The court discussed membership to American Public Works Association for the four precincts.  Judge Oakley stated the membership fee is $860.00.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve membership to the American Public Works Association for the four precincts.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #11:
CSCD
Statement
of Financial
Position
The court discussed the CSCD Statement of Financial Position - FY 21 per Local Government Code 140.004.  Karin Smith, County Auditor reported the ending financial report balance is $770,814.00.  
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept the CSCD Statement of Financial Position for FY 21.

Vote: 5 - 0 Passed - Unanimously

 
Item #12:
Guidelines
Outdoor Burning
The court discussed the re-adoption of guidelines for outdoor burning.  
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the re-adoption of guidelines for outdoor burning.

Vote: 5 - 0 Passed - Unanimously

 
Item #15:
Covid 19
The court discussed any topics related to the Covid 19 virus.  Judge Oakley thanked Atkins Pharmacy in Marble Falls for all they have done during this crisis.  Judge Oakley also thanked all emergency services for all their hard work.
 
Item #16:
Executive
Session
The court took no action on this agenda item.
 
Item #17:
Open Session
The court took no action on this agenda item.
 
Item #18:
Executive
Session
The court took no action on this agenda item.
 
Item #20:
Acknowledgement
of Receipt
The court received no acknowledgement of receipt.
 
Item #21:
Contracts
Agreements
The court discussed contracts, agreements or grants to be approved and /or ratified:
a.  Interlocal Cooperation Contract with the City of Burnet for support of the Herman Brown Free Library
b.  Independent Contractor Agreement for Vetride: Phillip Pall
c.  Approve and sign the District Attorney Contracts concerning property and monies seizures with 33rd and 424th Judicial District Attorney, Coryell County District Attorney, Limestone County District Attorney, Lampasas County District Attorney, and McLennan County District Attorney for the FY 2022 Motor Vehicle Crime Prevention Authority Grant Program for the Heart of Texas Auto Theft Task Force for September 1, 2021 - August 31, 2022.
d.  Contract with KC Engineering for topographical survey and replatting of a 4 acre tract owned by Burnet County.
e.  Lease of a new Ricoh copier for the County Clerk's office. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the following contracts, agreements and grants - Interlocal Cooperation Contract with the City of Burnet for support of the Herman Brown Library, Independent Contractor Agreement for Vetride: Phillip Pall, District Attorney contracts concerning property and monies seizures with the 33rd and 424th Judicial District Attorney, Coryell County District Attorney, Limestone County District Attorney, Lampasas County District Attorney, and McLennan County District Attorney for the FY 2022 Motor Vehicle Crime Prevention Authority Grant Program for the Heart of Texas Auto Theft Task Force for September 1, 2021 - August 31, 2022, Contract with KC Engineering, and a Lease for a new Ricoh copier.

Vote: 5 - 0 Passed - Unanimously

 
Item #22:
Bids
The court discussed bids and bid openings, request for proposals/qualifications and related openings.  Judge Oakley reported there was a prebid meeting with 6 vendors for the roof replacement for the Jail and North Annex.  Submittal is due December 10, 2021

Karin Smith, County Auditor reported the county received a bid from GrantWorks and in negotiations for grant administration. 
 
Item #23:
Consent
Agenda
The court discussed the consent agenda and require no deliberation by the Commissioners Court.  Any item from this agenda may be considered seperately:
a.  Consideration and approval of any pending personnel issues within the policy.
b.  Payroll approval/Personnel Action Form Approval
c.  Consideration and approval concerning budget amendments
d.  Consideration and approval concerning budget line item transfers
e.  Consideration and authorization of payment of claims previously approved by the County Auditor
f.  Acceptance of reports of County Officials as required by LGC 115.02 previously approved by the County Auditor
g.  Consideration and approval regarding Departmental equipment requests and/or property transfers 
h.  Correspondence
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the consent agenda in its entirety.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #24:
Previous
Agenda Items
The court took no action on this agenda item.
 
Item #25:
Calendar Review
The court discussed calendar review.
 
Item # :
Adjournment
Judge Oakley adjourned the meeting at 10:25 a.m.